Prop 8 Court Battle Brewing

Mayor Gavin Newsom was expected to discuss the city’s plans to challenge the outcome of the most expensive vote on a social issue in the country’s history later today. A news conference is scheduled for 1:30 p.m.

  KCBS' Holly Quan reports

The American Civil Liberties Union, Lambda Legal and the National Center for Lesbian Rights filed a writ petition before the California Supreme Court urging the court to invalidate Prop 8 .

The groups contend the proposition is an abuse of the initiative process because it tries to undo a the constitution’s “core commitment to equality.” The document can be changed by initiative, but the writ argues those changes must be small.

The amendment to the California constitution takes effect immediately, but Attorney General Jerry Brown told KCBS it probably will not invalidate the more than 16,000 same-sex weddings already performed in the state.

The first lesbian couple to be married in Los Angeles County after the Supreme Court threw out the gay marriage ban also plans to announce a lawsuit against Proposition 8. Attorney Gloria Allred says that lawsuit will argue that the measure is unconstitutional.

Both sides pouring a combined $73 million into the measure, and the Yes on 8 campaign declared victory before midnight, even as advocates for same-sex marriage were reluctant to give up the fight.

Despite an avalanche of advertising in the final days leading up to Tuesday's vote, a majority of voters said they had made up their minds on the gay marriage ban ballot initiative by the end of August.

Blacks strongly voted for the ban, while whites narrowly opposed it. Latinos and Asians were split. Voters under 30 heavily opposed Proposition 8, while voters 65 and over supported the initiative. Age groups in between were split.

The ban on same-sex marriage was opposed by voters who graduated from college and those who said they never attended religious services. Those who said they attend religious services weekly heavily backed the ban.

(jro)